[§88-42.6]  Membership of elective officers. (a)  An elective officer shall be a member of the employees' retirement system;provided that an elective officer shall have a one-time election to be excludedfrom membership in the employees' retirement system.

(b)  Unless the elective officer is a member ofthe system, a former member of the system, or a retirant, an elective officershall make the election to be excluded from membership in the system no laterthan thirty days following the elective officer's taking office.  The electionshall be irrevocable.  If the elective officer fails to make an election to beexcluded from membership in the system within the period allowed for making theelection, the elective officer shall become a member effective as of the datethe elective officer takes office.

(c)  Notwithstanding section 88-21, 88-98,88-273(c), or 88-344, or any other law to the contrary, the retirementallowance of a retirant who returns to service as an elective officer shall notbe suspended if the retirant:

(1)  Retired pursuant to section 88-73(d); or

(2)  Has been retired for at least twelve consecutivemonths prior to return to service and elects to have the retirement allowancecontinue.  The election whether or not to have the retirant's retirementallowance continue shall be irrevocable and shall be made no later than thirtydays following the retirant's first return to service as an elective officer.

If the retirant's retirement allowance is notsuspended, the retirant shall not become a member of the system and shall notearn additional service credit or gain any additional retirement benefits.

(d)  An elective officer who retired pursuantto section 88-73(d) shall not be eligible for membership in the system whileserving as an elective officer. [L 2008, c 47, §2]

 

Note

 

  L 2008, c 47, §§13 to 15 provide:

  "SECTION 13.  Elective officers in office on theeffective date of this Act [October 1, 2008], who are not retirants of theemployees' retirement system, shall be deemed to have exercised the one-timeelection under subsection (a) of the new section added to chapter 88, HawaiiRevised Statutes, by section 2 of the Act [section 88-42.6].

  SECTION 14.  Elective officers who are retirants of theemployees' retirement system of the State of Hawaii shall make an election, notlater than the effective date of this Act [October 1, 2008], whether or not tohave their retirement allowance continue as provided by section 2 of this Act[section 88-42.6].  If the elective officer makes no election, the electiveofficer's retirement allowance shall continue.  An elective officer whoseretirement allowance continues pursuant [to] this section shall not be eligiblefor membership in the employees' retirement system of the State of Hawaii whileserving as an elective officer.

  SECTION 15.  The requirement of section 2 of this Act[section 88-42.6], that a retirant who returns to service as an electiveofficer shall have been retired for a least twelve consecutive months prior toreturn to service to be eligible to make an election to have the retirant'sretirement allowance continue, shall not be applicable to any retirant whoreturns to service as an elective officer prior to January 3, 2009, providedthat the retirant did not retire as an elective officer."